A COMPARATIVE TABLE OF THE CURRENT EC AND EU TREATIES AS AMENDED BY THE TREATY OF LISBON

Transcription

1 Foreign and Commonwealth Office London A COMPARATIVE TABLE OF THE CURRENT EC AND EU TREATIES AS AMENDED BY THE TREATY OF LISBON 9.25

2

3 A COMPARATIVE TABLE OF THE CURRENT EC AND EU TREATIES AS AMENDED BY THE TREATY OF LISBON Presented to Parliament by the Secretary of State for Foreign and Commonwealth Affairs By Command of Her Majesty January

4

5 CONTENTS Explanatory note 1. Treaty on European Union 2. Treaty on the Functioning of the European Union 3. Protocols annexed to the Treaties

6 COMPARATIVE TABLE Explanatory Note 1. This table compares each article of the Treaty on European Union (TEU) and of the Treaty establishing the European Community (TEC), renamed the Treaty on the Functioning of the European Union (TFEU), as those Treaties are amended by the Treaty of Lisbon, with the articles of the existing TEU and TEC. 2. The article numbers in the left-hand column correspond to the renumbering provided for in Article 5 of, and the Annex to, the Treaty of Lisbon and, consequently, to the numbering used in the consolidated version of the TEU and the TFEU published as Command Paper number After each such article number in the left-hand column there appears in brackets the article number used in the text of the Lisbon Treaty. Article numbers indicated by an asterisk are those to which the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice apply. 3. The article numbers referred to in the right-hand column are those in the existing TEU and TEC. 4. The right-hand column uses the following terminology Unchanged where a provision is unamended, or where the only change is one of nomenclature, for example European Union for European Community, or is a change in the name of an instrument In substance the same as where the wording has changed, or existing provisions have been combined, but the substance has not changed Draws on where a provision takes elements of existing provisions New where there is a wholly new provision Unless otherwise stated, co-decision includes qualified majority voting (QMV) in the Council. 5. The same terminology is used in the comparative table of Protocols that follows this table. In that table, there are listed in the left-hand column all the Protocols that will be annexed to the TEU and the TFEU by virtue of the Treaty of Lisbon. The right-hand column compares each Protocol with its equivalent or existing Protocol, or indicates whether it is a wholly new Protocol. Foreign and Commonwealth Office January

7 TEU as amended by Treaty of Lisbon TREATY ON EUROPEAN UNION Comparison with existing Treaty on European Union (TEU) or EC Treaty (TEC) TITLE I - COMMON PROVISIONS Article 1 (1) Draws on Article 1 TEU, and adds that - - EU competences are conferred by Member States - the EU replaces and succeeds the EC - the TEU and EC Treaty (renamed as Treaty on the Functioning of the European Union) have the same legal value. Article 2 (1a) Article 3 (2) Article 4 (3a) Introduces concept of values, drawing on Article 6 TEU and Articles 2 and 13 TEC, and adding some new elements. Draws on Article 2 TEU and Articles 2 and 3 TEC, and adds some new elements to EU objectives. Draws on Articles 6(3), 11(2) and 33 TEU and Article10 TEC. Expands on existing obligation to respect national identities by requiring the EU to respect the equality of Member States, their governmental structures and essential State functions, such as law and order, and recognising that each Member State has sole responsibility for its national security. Article 5 (3b) Draws on Article 5 TEC, and adds - - explicit statement that Member States confer competences on the EU and that competences not conferred remain with the Member States - new procedures for involving national parliaments in ensuring compliance with the subsidiarity principle. Article 6 (6) Draws on Article 6 TEU, and - - gives legal effect to the Charter of Fundamental Rights - provides for the future accession of the EU to the European Convention on Human Rights. Article 7 (7) In substance the same as Article 7 TEU. Article 8 (7a) Article 9 (8) Article 10 (8 A) Article 11 (8 B) Article 12 (8 C) New. Provides specific legal basis for establishing special relationship with countries neighbouring the EU. TITLE II - PROVISIONS ON DEMOCRATIC PRINCIPLES Draws on Article 17 TEC, and adds principle of equality of EU citizens. Draws on Articles 1, 4 and 6(1) TEU and Articles 189, 190(1),191 and 203 TEC. Sets out principle of representative democracy at EU level. New. Enhances transparency of EU institutions and includes provision for a new citizens initiative procedure. New. Builds on Role of National Parliaments in the EU to strengthen the role of national parliaments, particularly with regard to subsidiarity, aspects of justice and home affairs co-operation, and treaty revision procedures. 2

8 Article 13 (9) Article 14 (9 A) Article 15 (9 B) Article 16 (9 C) Article 17 (9 D) Article 18 (9 E) Article 19 (9 F) Article 20 (10) Article 21 (10 A) Article 22 (10 B) Article 23 (10 C) Article 24 (11) TITLE III - PROVISIONS ON INSTITUTIONS Draws on Articles 3 and 5 TEU and Article 7 TEC. States the aims of the EU s institutional framework and includes within it the European Council and the European Central Bank. Draws on Articles 189, 190, 192 and 197 TEC. Provides for the European Parliament (EP) to elect the Commission President. Raises maximum number of MEPs to 750 and provides for a minimum (6) and maximum (96) number of MEPs per Member State. Decision on composition of EP to be adopted by the European Council by unanimity, with EP consent. Draws on Article 4 TEU. Provides for the European Council to elect, by QMV, a new full-time European Council President for a 2 year term (renewable once) and outlines the President s role. Makes clear that the European Council has no legislative function. Consensus remains the norm unless the Treaties provide otherwise. Draws on Articles and 207 TEC and Articles 3 and 45 TEU. Provides for new system of qualified majority voting from 1 November Decision on Council configurations (other than General Affairs and Foreign Affairs Councils) to be taken in accordance with Article 236 TFEU. Council required to meet in public when deliberating on draft legislative acts. Draws on Articles 201, 211, 213, 214, 217, 274 and 302 TEC. Provides for reduction, from 1 November 2014, of number of Commissioners to two thirds of the number of Member States, with the system of rotation to be decided by the European Council by unanimity. Modifies procedure for appointment of Commission President. Draws on Article 26 TEU. Provides for European Council to appoint, by QMV, a High Representative of the Union for Foreign Affairs and Security Policy. Sets out the High Representative s responsibilities for CFSP and defence policy, including chairing the Foreign Affairs Council, and for the Union s external action in his/her capacity as a Commission Vice-President. Draws on Article , 225A and TEC. The existing Court of First Instance is renamed the General Court and judicial panels are renamed specialised courts. Together with the Court of Justice, they become part of the Court of Justice of the European Union. TITLE IV PROVISIONS ON ENHANCED CO-OPERATION Draws on Articles TEU. Summarises enhanced co-operation principles and raises the minimum number of participating Member States from 8 to 9. TITLE V GENERAL PROVISIONS ON THE UNION S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY CHAPTER 1 GENERAL PROVISIONS ON THE UNION S EXTERNAL ACTION Draws on, and expands, the principles and objectives in Articles 6(1), 11 and 13(3) TEU and Articles 174 and 177 TEC. Draws on Articles 4 and 13 TEU. Outlines the role of the European Council in EU external action. CHAPTER 2 SPECIFIC PROVISIONS CONCERNING THE COMMON FOREIGN AND SECURITY POLICY New. Reaffirms that Common Foreign and Security Policy (CFSP) action is to conform to the general provisions in Chapter 1. Draws on Articles 11 and 17(1) TEU. Describes the roles of the Member States and the EU institutions in developing the CFSP. A new element highlights CFSP s specificity and intergovernmental nature. 3

9 Article 25 (12) Article 26 (13) Article 27 (13a) Article 28 (14) Article 29 (15) Article 30 (15a) Article 31 (15b) Article 32 (16) Article 33 (18) Article 34 (19) Article 35 (20) Article 36 (21) Article 37 (24) Article 38 (25) Article 39 (25a) Article 40 (25b) Article 41 (28) Article 42 (28 A) Article 43 (28 B) Article 44 (28 C) In substance the same as Article 12 TEU. Draws on Article 13 TEU. Adds provision for an extraordinary meeting of the European Council and certain duties of the High Representative. New. Sets out the role and responsibilities of the High Representative of the Union for Foreign Affairs and Security Policy, who will be supported by a European External Action Service. In substance the same as Article 14 TEU. In substance the same as Article 15 TEU. Draws on Article 22 TEU, with new elements reflecting the role of the High Representative. Draws on Article 23 TEU. Sets out decision-making procedure for CFSP: unanimity with stated exceptions, but always unanimity for decisions having military or defence implications. The European Council (by unanimity) may make a specific request to the High Representative to make a proposal to be adopted by QMV. Introduces a new passerelle clause allowing European Council, by unanimity, to apply QMV to other areas of CFSP, but not for decisions having military or defence implications. Draws on Articles 11(2), 16 and 20 TEU. Strengthens provisions for Member States to inform and consult one another on CFSP matters and to coordinate activities where a common approach is agreed. Draws on Article 18(5) TEU, with new elements reflecting the role of the High Representative. Draws on Article 19 TEU. New elements relate in particular to the role of the High Representative. In substance the same as Article 20 TEU. Draws on Article 21 TEU, with new elements relating to the role of the High Representative in consulting and informing the EP. Draws on Article 24 TEU, enabling the EU to conclude international agreements in implementation of the CFSP. Draws on Article 25 TEU, with new elements to take account of the High Representative s role. New. Provides a specific legal basis for data protection measures in relation to CFSP activities. Draws on Article 47 TEU. Implementation of CFSP is not to affect the procedures or institutions powers set out in the TFEU, and this also applies vice versa. Draws on Article 28 TEU, with new procedures to allow for rapid access to the EU budget for urgent CFSP initiatives and for setting up, by QMV, of a start-up fund for some Common Security and Defence Policy (CSDP) activities. Draws on Article 17 TEU. New provisions for a European Defence Agency, for missions to be carried out by a group of Member States, for permanent structured cooperation, and for Member States to assist each other in case of armed aggression. Recognises NATO as the foundation of collective defence for EU NATO members. Draws on Article 17(2) TEU. Adds new tasks and sets out the roles of the Council and the High Representative. New. Enables European Council to entrust implementation of a CSDP task to a group of Member States. 4

10 Article 45 (28 D) Article 46 (28 E) Article 47 (46a) Article 48 (48) Article 49 (49) Article 50 (49 A) Article 51 (49 B) Article 52 (49 C) Article 53 (51) Article 54 (52) Article 55 (53) New. Provides a treaty basis for the European Defence Agency, setting out its tasks as well as arrangements for participation in the Agency. New. Provides for permanent structured cooperation, relating to the development of military capabilities, among certain Member States participating on a voluntary basis. Decisions to set up such cooperation, join it later or suspension from it are by QMV; decisions within such cooperation are by unanimity. TITLE VI FINAL PROVISIONS Draws on Article 281 TEC. Provides that the EU, which replaces and succeeds the EC, has legal personality. Draws on Article 48 TEU. Sets out procedures for amendment of the Treaties: an ordinary revision procedure, and a simplified revision procedure (passerelles) for specified types of amendment. The latter concern: (a) amendments to certain internal EU policies, provided they do not increase EU competences; (b) moves from unanimity to QMV (except for military and defence issues); (c) moves to co-decision. Unanimity in the European Council and EP consent is required in each case; national ratification is also required for (a), and any national parliament may veto a proposed decision under (b) or (c). Draws on Article 49 TEU, but adds new requirements to notify national parliaments of membership application and that conditions for membership agreed by the European Council must be taken into account. New. Formally recognises a Member State s right to withdraw from the EU (with arrangements for withdrawal to be set out in an agreement concluded by the Council by QMV, with EP consent). In substance the same as Article 311 TEC. Makes clear that Protocols and Annexes to the Treaties form an integral part of them. Paragraph 1 unchanged from Article 299(1) TEC. Paragraph 2 provides that territorial scope of the TEU is the same as that of the TFEU. Unchanged from Article 51 TEU. Unchanged from Article 52 TEU. Draws on Article 53 TEU, but updates it to include new Member States. Provides for translation into other language versions which would not have the status of authentic texts. 5

11 TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION Treaty on the Functioning of the Union (TEC as amended by the Treaty of Lisbon) Article 1 (1a) Comparison with Existing Treaties (TEU and TEC) PART ONE - PRINCIPLES New. TFEU determines the areas of, delimitation of, and arrangements for exercising EU competences. EU is founded on TEU and TFEU, which have equal value. Article 2 (2 A) Article 3 (2 B) Article 4 (2 C) Article 5 (2 D) Article 6 (2 E) Article 7 (2 F) Article 8 (3) Article 9 (5a) Article 10 (5b) Article 11 (6) Article 12 (6a) Article 13 (6b) Article 14 (16) Article 15 (16 A) Article 16 (16 B) * TITLE I - CATEGORIES AND AREAS OF THE UNION S COMPETENCE New. Sets out the different categories of EU competence, and describes the legislative and implementing roles of the EU and the Member States in each. New. Lists the areas and circumstances in which the EU has exclusive competence. New. Describes the circumstances and principal areas in which competence is shared between the EU and Member States, and makes explicit those areas in which the exercise of the EU's competence does not prevent Member States from exercising their own powers. Draws on Articles 3(1), 98, 99, 126, 128 and 140 TEC. Coordination of Member States economic, employment and social policies. New. Sets out areas in which the EU has competence to support, coordinate or supplement actions of the Member States at European level. TITLE II - PROVISIONS HAVING GENERAL APPLICATION Draws on Articles 1 and 3 TEU, and Articles 5 and 7 TEC. In substance the same as Article 3(2) TEC. Draws on Article 2 TEU, and Articles 2, 127, 136, 137, 140, 149, 150 and 152 TEC. New. The EU is to aim to combat discrimination based on specified grounds when defining and implementing its policies and actions. In substance the same as Article 6 TEC. Unchanged from Article 153(2) TEC. Draws on the protection and welfare of animals, and broadens its scope. Draws on Article 16 TEC. Introduces a new legal basis for legislation, adopted by codecision, to establish the principles and conditions to provide, commission and fund services of general economic interest. Draws on Article 255 TEC, and further promotes transparency. Draws on Article 286 TEC, and strengthens the right individuals have to protection of their personal data. 6

12 Article 17 (16 C) Article 18 (16 D) Article 19 (16 E) Article 20 (17) Article 21 (18) Article 22 (19) Article 23 (20) Article 24 (21) Article 25 (22) Article 26 (22a) Article 27 (22b) Article 28 (23) Article 29 (24) Article 30 (25) Article 31 (26) Article 32 (27) Article 33 (27a) Article 34 (28) New. EU respect for churches, religious associations or communities, and philosophical and non-confessional organisations. PART TWO - NON-DISCRIMINATION AND CITIZENSHIP OF THE UNION In substance the same as Article 12 TEC. Draws on Article 13 TEC. EP consent, rather than consultation, is required for legislation to combat discrimination. Draws on Article 17 TEC, but citizenship of the Union would now be additional to, rather than complement, national citizenship and the reference to 'duties' is removed. The specific citizenship rights listed are the same in substance as those in Articles TEC. Paragraphs 1 and 2 are in substance the same as Article 18(1) and (2) TEC. Paragraph 3 provides a new power to establish by unanimity social security and social protection measures. In substance the same as Article 19 TEC. The first paragraph is in substance the same as Article 20 TEC. The second paragraph provides a new power to adopt by QMV coordination and cooperation measures. Draws on Article 21 TEC. Paragraph 1 is new and provides a power to adopt by codecision regulations providing for citizens' initiatives. Draws on Article 22 TEC. EP consent, rather than consultation, is required for measures to strengthen or add to citizenship rights. PART THREE - POLICIES AND INTERNAL ACTIONS OF THE UNION TITLE I - THE INTERNAL MARKET In substance the same as Article 14 TEC. New reference to the aim of ensuring the functioning of the internal market. In substance the same as Article 15 TEC. TITLE II - FREE MOVEMENT OF GOODS In substance the same as Article 23 TEC. Unchanged from Article 24 TEC. CHAPTER 1 - THE CUSTOMS UNION Unchanged from Article 25 TEC. Unchanged from Article 26 TEC. Unchanged from Article 27 TEC. CHAPTER 2 - CUSTOMS COOPERATION Draws on Article 135 TEC. The provision excluding customs cooperation measures from measures concerning national criminal law or national administration of justice is deleted. CHAPTER 3 - PROHIBITION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES Unchanged from Article 28 TEC. 7

13 Article 35 (29) Article 36 (30) Article 37 (31) Article 38 (32) Article 39 (33) Article 40 (34) Article 41 (35) Article 42 (36) Article 43 (37) Article 44 (38) Article 45 (39) Article 46 (40) Article 47 ( 41) Article 48 (42) Article 49 (43) Article 50 (44) Article 51 (45) Article 52 (46) Article 53 (47) Article 54 (48) Article 55 (48a) Unchanged from Article 29 TEC. Unchanged from Article 30 TEC. Unchanged from Article 31 TEC. TITLE III - AGRICULTURE AND FISHERIES Draws on Article 32 TEC, but adds references to the functioning of the internal market and clarifies that the term 'agricultural' also refers to 'fisheries'. Unchanged from Article 33 TEC. Unchanged from Article 34 TEC. Unchanged from Article 35 TEC. Draws on Article 36 TEC, and gives a role to EP and Commission in legislative process. Draws on and updates Article 37 TEC, removing the first paragraph and amending legislative processes. QMV already applies, decision-making moves to co-decision for CAP and CFP, although the EP's legislative role is excluded for some specific issues. Unchanged from Article 38 TEC. TITLE IV - FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL CHAPTER 1 - WORKERS Unchanged from Article 39 TEC. In substance the same as Article 40 TEC. Unchanged from Article 41 TEC. Draws on Article 42 TEC. Adds clarification regarding application to both employed and self-employed, moves decision-making to QMV, and introduces an emergency brake procedure. CHAPTER 2 - RIGHT OF ESTABLISHMENT Unchanged from Article 43 TEC. In substance the same as Article 44 TEC. Draws on Article 45 TEC. QMV already applies, decision-making moves to co-decision. In substance the same as Article 46 TEC. Draws on Article 47 TEC. Certain elements are moved to QMV. Unchanged from Article 48 TEC. In substance the same as Article 294 TEC. 8

14 Article 56 (49) Article 57 (50) Article 58 (51) Article 59 (52) Article 60 (53) Article 61 (54) Article 62 (55) CHAPTER 3 - SERVICES Draws on Article 49 TEC. QMV already applies, decision-making moves to co-decision regarding extension to third country nationals. In substance the same as Article 50 TEC. Unchanged from Article 51 TEC. Draws on Article 52 TEC. QMV already applies, decision-making moves to co-decision. In substance the same as Article 53 TEC. Unchanged from Article 54 TEC. Unchanged from Article 55 TEC. Article 63 (56) Article 64 (57) Article 65 (58) Article 66 (59) Article 67 (61) * Article 68 (61 A) * Article 69 (61 B) * Article 70 (61 C) * Article 71 (61 D) * Article 72 (61 E) * Article 73 (61 F) * Article 74 (61 G) * Article 75 (61 H) * CHAPTER 4 - CAPITAL AND PAYMENTS Unchanged from Article 56 TEC. Draws on Article 57 TEC. Paragraph 2 QMV already applies, decision-making moves to co-decision, but paragraph 3 makes clear that the EP will only be consulted on specified measures that require unanimity in the Council. Paragraphs 1 3 unchanged from Article 58 TEC. Paragraph 4, on authorisation by unanimity of restrictive tax measures towards third countries, is new. Unchanged from Article 59 TEC. TITLE V AREA OF FREEDOM, SECURITY AND JUSTICE CHAPTER 1 GENERAL PROVISIONS Draws on Articles 2, 6(2) and 29 TEU and Article 61 TEC. Brings together the police and criminal judicial co-operation provisions of the TEU and asylum, immigration and civil judicial co-operation provisions of the TEC. New. European Council to define strategic guidelines. New. Establishes a particular role for national parliaments in applying the principle of subsidiarity. New. Enables the Council to establish, by QMV, a mechanism for evaluation of implementation of EU policies in the area of freedom, security and justice. New. New standing committee to strengthen operational co-operation on internal security. EP and national parliaments to be kept informed of its proceedings. Unchanged from Article 33 TEU and Article 64(1) TEC. New. Member States may organise cooperation on national security. Draws on Article 66 TEC. Draws on Articles 60 and 301 TEC. Power to impose anti-terrorist financial sanctions, with any necessary legal safeguards. QMV already applies, co-decision for framework, Council to adopt implementing measures. 9

15 Article 76 (61 I) * Article 77 (62) * Article 78 (63) * Article 79 (63a) * Article 80 (63b) * Article 81 (65) * Article 82 (69 A) * Article 83 (69 B) * Article 84 (69 C) * Article 85 (69 D) * Article 86 (69 E) * Article 87 (69 F) * Article 88 (69 G) * Article 89 Draws on Article 34(2) TEU. Initiatives in the fields of police and criminal judicial cooperation and administrative co-operation can be made by a quarter of the Member States. CHAPTER 2 POLICIES ON BORDER CHECKS, ASYLUM AND IMMIGRATION Draws on Articles 62 and 18 TEC. New provision for the gradual introduction, by codecision, of an integrated management system for external borders. Co-decision for several types of measure. New legal basis to adopt, by unanimity, measures concerning passports, identity cards, residence permits and other such documents. New reference to Member States competence for the geographical demarcation of their borders. Draws on Articles 63(1) and (2) and 64(2) TEC, with changes reflecting the new objective of developing a common asylum policy rather than minimum standards. Draws on Article 63(3) and (4) TEC, with changes reflecting the new objective of developing a common immigration policy. Measures on legal migration move to codecision. Draws on Article 63(2)(b) TEC, but extends the principles of burden sharing and solidarity between Member States to all EU measures based on Chapter 2. CHAPTER 3 JUDICIAL CO-OPERATION IN CIVIL MATTERS Draws on Articles 65 and 67(5) TEC. Adds new references to mutual recognition of judgments and decisions, access to justice, alternative dispute settlement methods, and support for judicial training. Existing passerelle to move aspects of family law to codecision, now subject to a veto by any national parliament. CHAPTER 4 JUDICIAL CO-OPERATION IN CRIMINAL MATTERS Draws on Article 31(1) TEU. Mutual recognition, as well as approximation of laws, is to be the basis for criminal judicial co-operation. Lists the areas in which minimum rules on criminal procedural law may be adopted. Decision-making moves to co-decision. A new passerelle enables the Council, by unanimity and with EP consent, to extend the scope of minimum rules that may be adopted. The adoption of minimum rules on criminal procedure is also subject to a new emergency brake procedure. Draws on Article 31(1)(e) TEU. Decision-making moves to co-decision. A new passerelle enables the Council, by unanimity and with EP consent, to identify additional areas of serious cross-border crime that might be the subject of minimum rules. The adoption of minimum rules is subject to a new emergency brake procedure. New. Introduces a new legal basis for crime prevention measures by co-decision, excluding harmonisation. Draws on Article 31(2) TEU. Co-decision for regulations on Eurojust s structure, operation, field of action and tasks. New. Enables the Council, by unanimity and with EP consent, to establish a European Public Prosecutor s Office to investigate and prosecute crimes affecting the EU s financial interests. A passerelle enables the European Council, by unanimity and with EP consent, to extend the powers and functions of the EPP to include serious crossborder crime. CHAPTER 5 POLICE CO-OPERATION Draws on Article 30(1) TEU. Co-decision for certain measures, but operational cooperation measures require unanimity in the Council and EP consultation. Draws on Article 30(2) TEU. New provision on Europol s mission. Co-decision for regulations on Europol s structure, operation, field of action and tasks. Any operational action by Europol requires agreement of Member State concerned, and coercive measures are reserved to national authorities. In substance the same as Article 32 TEU. 10

16 (69 H) * Article 90 (70) Article 91 (71) Article 92 (72) Article 93 (73) Article 94 (74) Article 95 (75) Article 96 (76) Article 97 (77) Article 98 (78) Article 99 (79) Article 100 (80) Article 101 (81) Article 102 (82) Article 103 (83) Article 104 (84) Article 105 (85) Article 106 (86) Article 107 (87) Article 108 (88) Article 109 (89) TITLE VI - TRANSPORT In substance the same as Article 70 TEC. Draws on Article 71 TEC. Co-decision applied to paragraph 2. In substance the same as Article 72 TEC. In substance the same as Article 73 TEC. In substance the same as Article 74 TEC. In substance the same as Article 75 TEC, with a new requirement to consult the EP. Unchanged from Article 76 TEC. Unchanged from Article 77 TEC. In substance the same as Article 78 TEC, with a new power for the Council, by QMV, to repeal this provision. In substance the same as Article 79 TEC. Draws on Article 80 TEC. QMV already applies, co-decision applied to paragraph 2. TITLE VII - COMMON RULES ON COMPETITION, TAXATION AND APPROXIMATION OF LAWS CHAPTER 1 - RULES ON COMPETITION SECTION 1 - RULES APPLYING TO UNDERTAKINGS Unchanged from Article 81 TEC. Unchanged from Article 82 TEC. Unchanged from Article 83 TEC. Unchanged from Article 84 TEC. Paragraphs 1 and 2 are unchanged from Article 85 TEC. Paragraph 3 is new. In substance the same as Article 86 TEC. SECTION 2 - AIDS GRANTED BY STATES Draws on Article 87 TEC. The provision allowing the repeal, by QMV, of paragraph 2(c) is new, as is the reference to the regions in paragraph 3(a). Paragraphs 1 to 3 are unchanged from Article 88 TEC. Paragraph 4 is new. Unchanged from Article 89 TEC. CHAPTER 2 - TAX PROVISIONS 11

17 Article 110 (90) Article 111 (91) Article 112 (92) Article 113 (93) Article 114 (94) Article 115 (95) Article 116 (96) Article 117 (97) Article 118 (97a) Article 119 (97b) Article 120 (98) Article 121 (99) Article 122 (100) Article 123 (101) Article 124 (102) Article 125 (103) Article 126 (104) Article 127 (105) Article 128 (106) Article 129 (107) Unchanged from Article 90 TEC. Unchanged from Article 91 TEC. Unchanged from Article 92 TEC. Draws on Article 93 TEC. The explicit reference to distortion of competition is new, and the reference to the 1992 deadline is removed. CHAPTER 3 - APPROXIMATION OF LAWS In substance the same as Article 95 TEC. In substance the same as Article 94 TEC. Draws on Article 96 TEC. QMV already applies, decision-making moves to co-decision. Unchanged from Article 97 TEC. New. Establishes a new legal basis for EU-wide intellectual property rights. Co-decision for measures, except regulations on language arrangements, which require unanimity. TITLE VIII - ECONOMIC AND MONETARY POLICY CHAPTER 1 - ECONOMIC POLICY In substance the same as Article 4 TEC, which it updates. In substance the same as Article 98 TEC. Draws on Article 99 TEC. New power for Commission to issue a warning to Member States, and the Member State concerned is excluded from voting. Paragraph 6 QMV already applies, decision-making moves to co-decision. Draws on Article 100 TEC. The references to solidarity and energy are new. In substance the same as Article 101 TEC, but now includes a reference to agencies In substance the same as Article 102 TEC, but now includes a reference to agencies. Outdated paragraph 2 is deleted. Draws on Article 103 TEC. Paragraph 2 replaces the cooperation procedure with consultation with the EP. Draws on Article 104 TEC. Main new elements in the excessive deficit procedure are - the Commission opinion is to be issued to the Member State concerned and the Council is to be informed - paragraph 13 change to majority required for decision-making. CHAPTER 2 - MONETARY POLICY Draws on Article 105 TEC. Paragraph 6 replaces EP assent with consultation with the EP. Draws on Article 106 TEC. Paragraph 2 replaces the cooperation procedure with consultation with the EP. Draws on Article 107 TEC. Paragraphs 1 and 2 of Article 107 TEC are deleted, and (renumbered) paragraph 3 QMV already applies, decision-making moves to co-decision. 12

18 Article 130 (108) Article 131 (109) Article 132 (110) Article 133 (111a) Article 134 (114) Article 135 (115) Article 136 (115 A) Article 137 (115 B) Article 138 (115 C) Article 139 (116a) Article 140 (117a) Article 141 (118a) Article 142 (118b) Article 143 (119) Article 144 (120) Article 145 (125) Article 146 (126) Article 147 (127) Article 148 (128) Article 149 (129) Article 150 (130) In substance the same as Article 108 TEC. The references to offices and agencies are new. In substance the same as Article 109 TEC. In substance the same as Article 110(1) TEC. Article 110(2) is deleted. New. Co-decision for measures necessary for use of the euro as the single currency. CHAPTER 3 - INSTITUTIONAL PROVISIONS Draws on Article 114 TEC. Updated to reflect the Economic and Finance Committee having replaced the Monetary Committee. In substance the same as Article 115 TEC. CHAPTER 4 - PROVISIONS SPECIFIC TO MEMBER STATES WHOSE CURRENCY IS THE EURO New. Power to adopt measures by QMV on budgetary discipline and economic policy guidelines for Member States whose currency is the euro. New. Meetings of Euro Group ministers. Draws on Article 111(4) TEC. Develops arrangements for international representation. CHAPTER 5 - TRANSITIONAL PROVISIONS Draws on Article 122 TEC. Sets out position of Member States with a derogation. Draws on Articles 121, 122(2) and 123(5) TEC. Sets out procedure for abrogating a derogation. The provision in paragraph 2 regarding the recommendation of a qualified majority of Member States whose currency is the euro is new. Draws on and updates Articles 123(3) and 117(2) TEC. Draws on and updates Article 124(1) TEC. Draws on and updates Article 119 TEC. Draws on and updates Article 120 TEC. TITLE IX - EMPLOYMENT In substance the same as Article 125 TEC. Unchanged from Article 126 TEC. Unchanged from Article 127 TEC. In substance the same as Article 128 TEC. In substance the same as Article 129 TEC. In substance the same as Article 130 TEC. The first paragraph makes explicit that voting is by simple majority, in line with Article 130. TITLE X - SOCIAL POLICY 13

19 Article 151 (136) Article 152 (136a) Article 153 (137) Article 154 (138) Article 155 (139) Article 156 (140) Article 157 (141) Article 158 (142) Article 159 (143) Article 160 (144) Article 161 (145) Article 162 (146) Article 163 (147) Article 164 (148) Article 165 (149) Article 166 (150) Article 167 (151) Article 168 (152) Article 169 (153) Article 170 (154) Article 171 Unchanged from Article 136 TEC. New. Recognises role of social partners and Tripartite Social Summit for Growth and Employment. Draws on Article 137 TEC. References to Article 155 decisions in paragraph 3 are new. Unchanged from Article 138 TEC. Draws on Article 139 TEC. EP to be informed under paragraph 2. Draws on Article 140 TEC. Additional Commission activities are included in the second sub-paragraph, and the duty to inform the EP is new. In substance the same as Article 141 TEC. Unchanged from Article 142 TEC. Unchanged from Article 143 TEC, first paragraph. The second paragraph is deleted. In substance the same as Article 144 TEC. The first paragraph makes explicit that voting is by simple majority, in line with Article 144. Unchanged from Article 145 TEC. TITLE XI - THE EUROPEAN SOCIAL FUND Unchanged from Article 146 TEC. Unchanged from Article 147 TEC. In substance the same as Article 148 TEC. TITLE XII - EDUCATION, VOCATIONAL TRAINING, YOUTH AND SPORT Draws on Article 149 TEC. New provisions on sport and on encouraging youth to participate in democratic life. Measures to be adopted by co-decision. Paragraphs 1 to 3 unchanged from Article 150(1) to (3) TEC. The provision for Council recommendations in paragraph 4 is new. TITLE XIII - CULTURE Paragraphs 1 to 4 unchanged from Article 151(1) to (4) TEC. Co-decision already applies under paragraph 5 but decision-making moves from unanimity to QMV. TITLE XIV - PUBLIC HEALTH Draws on Article 152 TEC. Extends the scope and focus of EU activities, but includes a stronger reference to Member States responsibility for definition of their health policies and management of health services. TITLE XV - CONSUMER PROTECTION In substance the same as Article 153(1) and (3) to (5) TEC. TITLE XVI - TRANS-EUROPEAN NETWORKS Unchanged from Article 154 TEC. Unchanged from Article 155 TEC. 14

20 (155) Article 172 (156) Article 173 (157) Article 174 (158) Article 175 (159) Article 176 (160) Article 177 (161) Article 178 (162) Article 179 (163) Article 180 (164) Article 181 (165) Article 182 (166) Article 183 (167) Article 184 (168) Article 185 (169) Article 186 (170) Article 187 (171) Article 188 (172) Article 189 (172 bis) Article 190 (173) Article 191 (174) Article 192 (175) In substance the same as Article 156 TEC. TITLE XVII - INDUSTRY Draws on Article 157 TEC. Paragraph 2 provides more detail on initiatives and requires that the EP be kept informed. Paragraph 3 explicitly excludes harmonization of Member State laws and regulations. TITLE XVIII - ECONOMIC, SOCIAL AND TERRITORIAL COHESION Draws on Article 158 TEC. First paragraph includes a new reference to territorial cohesion. Third paragraph extends the range of least favoured regions. In substance the same as Article 159 TEC, except that the second paragraph includes a reference to "territorial" cohesion. Unchanged from Article 160 TEC. Draws on Article 161 TEC. QMV already applies, measures to be adopted by codecision. In substance the same as Article 162 TEC. TITLE XIX - RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE Draws on Article 163 TEC. New references to a European research area and cooperation among researchers. Unchanged from Article 164 TEC. Draws on Article 165 TEC. Paragraph 2 elaborates on initiatives and requires that the EP be kept fully informed. Paragraphs 1 to 4 in substance the same as Article 166 TEC. New paragraph 5 enables adoption of measures by co-decision to implement the European research area. Unchanged from Article 167 TEC. Unchanged from Article 168 TEC. Unchanged from Article 169 TEC. In substance the same as Article 170 TEC. Unchanged from Article 171 TEC. In substance the same as Article 172 TEC. New. Establishes a specific legal basis for developing a European space policy. Measures, excluding harmonisation, to be adopted by co-decision. Unchanged from Article 173 TEC. TITLE XX - ENVIRONMENT In substance the same as Article 174 TEC, with an added focus on combating climate change. In substance the same as Article 175 TEC. 15